Lawyers, Answer Questions  & Get Points Log In
Florida Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »

Kevin John Mawn
Kevin John Mawn
answered on Oct 28, 2022

I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and Domestic Violence for Florida on
Q: If someone throws a rock at your car in florida can you legally shoot back?

In florida throwing a rock at someones car is projecting a deadly missile. My question is if someone throws something at your car in a road rage incident that can injure you or your passengers is it legal to shoot back (stand your ground law). I need professional legal advice from someone who knows... Read more »

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2022

Your question is vague as to the timing of the events, as well as the specific danger posed by the rock-thrower. You may "stand your ground" with reasonable force that is necessary for self-defense - that is, to stop an ongoing attack that may cause death or great bodily injury to you.... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida on
Q: My brother robbed us for avrything we own my mother and I are blind and we had to run for our life's the police won't he

The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... Read more »

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Can my husband after 16yrs open a new bank account just because he mad at me and don't want me having money

Now I have not worked a day in my life in the past 16 yrs he has been supporting me because he is scared of me working but now we are fighting every day and he keeps threatening me that he's going to open a new bank account so I'm left with nothing is he allowed to do that

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2022

Yes, he can; he is not obligated to maintain a bank account with your name on it.

1 Answer | Asked in Family Law and Domestic Violence for Florida on
Q: Is there anyway to get a temporary injunction for protection against domestic violence with minor children lifted?

We lived together, she left and then this happened. She’s already broken windows and super glued my gas cap shut.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 9, 2022

The respondent can file a motion to modify or remove a restraining order if he/she proves that the circumstances that granted the injunction no longer exist. It's up to the judge's decision to remove the injunction. If the judge finds the petitioner is no longer in danger, the injunction... Read more »

1 Answer | Asked in Child Custody and Domestic Violence for Florida on
Q: I need some answers on how I can get my child back. My child was taken because of domestic violence

My child was taken because of domestic violence that he witnessed one time my child is 15 years old I am 52

Mr.  Joseph Lafayette Gufford III
Mr. Joseph Lafayette Gufford III
answered on Jun 28, 2022

I’m not sure if the injunction was a civil one, a DCF injunction or a criminal no contact order. It may be a combination of things. In any event, you need to file an action for dissolution of marriage or a paternity action. I would strongly suggest that you hire a qualified family law attorney to... Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: How do I get a restraining order removed if I haven't had contact with the other person?

No contact in nearly 20 years.

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
answered on May 19, 2022

Retain an attorney to file a motion to dissolve the injunction. Your attorney should guide you on whether it is feasible- it often is. Notice should be given to the Petitioner if possible, and the matter should be set for a hearing.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Can a person with a pending court case for battery get a no contact order against the accuser?

My friend has a pending case for battery. However the accuser instigates every situation. Then will say he wants to talk it out only to pick a fight and then call the police on my friend. He calls, texts, emails, and shows up at his job saying that he is going to get my friend fired. But when the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 16, 2022

Obviously, your friend would be wise to not continue to meet up with the accuser. Problem solved.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Did my friend violate her no contact order if the person contacted her first.

My friend has a no contact order against her in Citrus County, Florida from her ex boyfriend. He repeatedly found ways to contact her even though she blocked him. He eventually told her he dropped the no contact order. So she talked to him and eventually moved back in with him. Well when she found... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 3, 2022

She should immediately report the situation to the court. If he still has her phone, but she was able to tell you about it, I suggest you contact the state attorney and the court (i.e.: the judge's judicial assistant)..

2 Answers | Asked in Domestic Violence for Florida on
Q: Firearm Surrender Hearing issued from another state, what do I do? I cannot attend.

An injunction has been placed onto me from another state, now I must attend a firearm surrender hearing that I cannot attend. It is across the country. I have no firearms to forfeit, is it possible to simply mail in the statement? If I don't attend, will a warrant be issued for my arrest in... Read more »

Ronald Lawrence Frey II
Ronald Lawrence Frey II
answered on Apr 6, 2022

I suggest consulting with attorneys within the jurisdiction where the hearing is scheduled to take place.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: If you file a r/order and it is voluntarily dismissed in court, can the respondent file one against you, same incident?

The judge ruled that everything would be thrown out and that we should just get divorced. We both agreed and she has now filed a restraining order against me over the same incident that was thrown out. Please help.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2022

It depends on the facts alleged in the first case, but it is quite possible that she could indeed get a restraining order.

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Florida on
Q: Family Law Prose What motion can I file to ask the judge to skip mediation due to domestic violence and other issues?
Jane Kim
Jane Kim PRO label
answered on Mar 14, 2022

Not enough info to answer the question.

Do you have an order of protection? A motion is a request, so file a Motion to cancel mediation or just call it a Motion and then in paragraph format state what it is you want and why. Try setting it for a hearing before your mediation date.

Good luck.

1 Answer | Asked in Domestic Violence and Family Law for Florida on
Q: My wife suspects me of cheating & hits me multiple times in the face, withdraws 15k & accuses me of abuse. What’s next?

I have pictures of the bruises on my face of that day. I did not call the police, and I did not want to charge her. But she is telling the police I hit her when I merely grabbed her hand to stop hitting me. I later found out she withdrawn money from my account. All of this happened when I told her... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

You did not mention what the hearing was about so I cannot give you insight on that. I do recommend that you file for divorce as soon as possible.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Florida on
Q: Did my lawyer have conflict of interest against my x who stated in court that they have been good friends last 10 yrs?

We went to court twice. My lawyer called my x into the hall to talk before he even acknowledged me both times. Permanent DVI hearing, my lawyer has nothing of mine to present to the judge. No pics of all the bruises, no police rpts, nothing. My Permanent DVI was denied. CPS requested emergency... Read more »

Michael Ferrin
Michael Ferrin
answered on Mar 13, 2022

The Florida Bar has an ethics hotline that you can contact anonymously and ask if there was a conflict of interest. Just google Florida Bar Ethics Hotline and you should be able to find it.

1 Answer | Asked in Domestic Violence and Wrongful Death for Florida on
Q: In florida can I request an autopsy of my mother since I'm next of kin. There are legal reasons behind the matter

My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 8, 2022

First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within... Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: what can i do when a no contact order is violated but police wont make an arrest

a nieghbor came on to my property and smashed my camera with a bat it was a perfect recording so a plea and probation with no contact with victim. So I got another video of him 6 months into it at the fence antagonizing my dog with a shovel handle when I walked out there videoing with my phone he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 16, 2022

Yes, you should be able to get the judge to order that your neighbor show cause why he should not be held in contempt of court.

1 Answer | Asked in Domestic Violence for Florida on
Q: If you are out on bond for Domesticviolence in one county and get charged for same in another can the bond be revoked?

and if no! can the charges be dropped for the second charge? and if Yes! how can someone go about getting it done?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2022

It would depend upon the terms of the bond agreement. Why would the authorities agree to drop the charges for the second offense? But it wouldn't hurt to see an attorney about trying to get it taken care of.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Florida on
Q: I need legal advice on custody and what to do against an abuser

I moved from the state of NY with my 4 month old to FL to live with my parents. I ran away from an abusive relationship and needed to leave. I change Babies pediatrician and transferred all our benefits and address. My ex is a drug abuser, mentally and physically abusive and I never called the cops... Read more »

Michael Ferrin
Michael Ferrin
answered on Feb 14, 2022

In order to do anything here in Florida regarding custody, you need to have resided in Florida for at least 6 months with your child. Based on your details, it appears that NY currently has jurisdiction until you have met the residency requirements in Florida. Once you have met the residency... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Would it be legal for someone being abused to drug their abuser to facilitate an escape?

For example, a woman slipping a sedative into her partner's water so she can escape while he is unconscious

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Jan 13, 2022

This is an oddly specific question. It may be illegal, and probably is. I can see that you're thinking of it in a "self-defense" sense, but it is not that clear and easy to be sure that the action is justified/"legal." In Florida, a person (Defendant) would be justified in... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.